Document Type
Article
Publication Title
McGeorge Law Review
Abstract
A Woman Decides addresses the need for intellectual versatility among judges and lawyers. The underlying premise of the essay is that excellence in judicial practice requires integration of rule-based and contextual reasoning. Professor Gilligan's work is relied on both to explain the importance of intellectual versatility and to explain why cultures of professional practice fail to encourage it. Professor Davis's work is relied on to explain the importance of an intellectually versatile approach, and the dangers of an intellectually narrow approach, to decisionmaking that relates to three important aspects of substantive due process: the liberty interests in controlling the manner of one's death, choosing whether and when to bear children, and maintaining a significant measure of independence in fulfilling the parental role. Justice O'Connor's jurisprudence in these areas is analyzed in terms of its interpretations and applications of rule systems as well as its interpretations of context.
First Page
895
Volume
32
Publication Date
2001
Recommended Citation
Davis, Peggy C. and Gilligan, Carol, "A Woman Decides: Justice O'Connor and Due Process Rights of Choice" (2001). Faculty Articles. 85.
https://gretchen.law.nyu.edu/fac-articles/85
